How criminal charges may affect your visitation and child custody rights

In a child custody dispute, courts have the mandate to protect minor children by making decisions that would ensure that the child will be safe and will be taken care of. To determine a parent’s capacity to take care of a minor child, courts usually look into each spouse’s criminal records, and so being convicted of any criminal charge can ultimately affect your custody and visitation rights.

According to the website of the family law attorneys at Marshall & Taylor PLLC, deciding over child custody and visitation rights are among the many things that a divorcing couple should agree with. However, this is typically not always easy. To make the process less difficult, courts may factor in criminal history to determine a parent’s rights to child custody and visitation.

The website of Ian Inglis stated that charges of assault and domestic violence may haunt you for the rest of your life. This is especially true when deciding over child custody rights, where the court determines your propensity to endanger your child. Even a single conviction of domestic violence may create an assumption that it can happen again, and so taking care of your reputation and building strong defenses against domestic violence charges are important especially when trying to win child custody rights.

Apart from domestic violence, there are also other crimes that could immensely affect your child custody rights. For instance, DUI is viewed as a dangerous act that could endanger your child. Similarly, a recent drug conviction could result in limited and monitored visitations.

Courts do not only look at the type and intensity of criminal convictions. More often than not, they also need to check the frequency of the charges. Multiple convictions of domestic violence may ultimately revoke any child custody and visitation rights you have on your child. Repeated DUI, on the other hand, may result in stricter and more limited visitations.